New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Unretained Expert Disclosure vs. Retained Expert Report — Who Bears Burden of Proof as to Which Is Required — Witness May Be Subject to Providing Both as to Different Portions of Testimony — When Treating Physician = Retained Expert

In re Denture Cream Products Liability Litigation, 2012 U.S. Dist. LEXIS 152277 (S.D. Fla. Oct. 22, 2012): Federal Rule of Civil Procedure 26(a) sets forth requirements for disclosing expert testimony. See Fed. R. Civ. P. 26(a)(2). Parties must identify any…
Continue Reading

Re-Asserting Position Previously Rejected by the Courts, and Failing to Cite to Judicial Rejections (Including Those Handed Down during Pendency of Appeal), Sanctionable under § 1927

Parker v. CitiMortgage, Inc., 2012 U.S. App. LEXIS 21585 (10th Cir. Oct. 17, 2012): The only remaining issue is CitiMortgage’s motion for sanctions against the trustee’s lawyer. Title 28 of U.S.C. § 1927 provides in pertinent part that “[a]ny attorney…
Continue Reading

SLUSA Does Not Permit Removal of a Federal Securities Class Action Originally Filed in State Court Stating Claims under the 1933 Act — Caselaw Split Partially Immune from Appellate Review — CAFA Split Also Noted — Good Quote: Statutory Construction

Niitsoo v. Alpha Natural Resources, Inc., 2012 U.S. Dist. LEXIS 158049 (S.D. W. Va. Nov. 5, 2012): Pending before the court is the plaintiff’s Motion to Remand Case to the Circuit Court of Boone County [Docket 13]. The disposition of…
Continue Reading

Spoliation Found for Destruction of Records That Statute and Rules Required be Preserved in Circumstances Where Litigation or at Least Controversy Was Foreseeable (Residential Funding Standard) — No Sanctions Because Minimal Relevance

Johnson v. Metro. Gov’t of Nashville & Davidson Cnty., 2012 U.S. App. LEXIS 21793 (6th Cir. Oct. 18, 2012): I. Spoilation of Evidence Before addressing the merits, we turn first to Plaintiffs’ claim that the district court erred in refusing…
Continue Reading

Must RICO Damages Be Clear and Definite? — Circuit Split — State Work Comp Statute Cannot Bar Federal RICO Remedy for Fraudulent Denial of Benefits — Rooker-Feldman Inapplicable

Jackson v. Segwick [Sedgwick] Claims Mgmt. Servs., 2012 U.S. App. LEXIS 22557 (6th Cir. Nov. 2, 2012) (note: highly divided 3-judge panel): I. BACKGROUND Clifton Jackson was employed by Coca-Cola when he allegedly injured his lumbosacral spine at work in…
Continue Reading

Equitable Estoppel as Basis for Compelling Arbitration against Non-Signatory — Claim Must Arise out of an Obligation Created by Contract Containing the Arbitration Clause

Weingarten Realty Investors v. Miller, 2012 U.S. App. LEXIS 21984 (5th Cir. Oct. 22, 2012): ***WRI and Miller Sheriden, LLC (“Miller Sheriden”), an LLC organized by Miller, created a joint venture, Weingarten Miller Sheriden (“WMS”), and WRI loaned that joint…
Continue Reading

First-Filed Rule — Required Degree of Overlap between Actions —- Is Complete Identity of Parties Required? (Circuit Split) — Exceptions: “Improper Anticipatory Actions” and “Balance of Convenience and Interest of Justice”

Wyler-Wittenberg v. MetLife Home Loans, Inc., 2012 U.S. Dist. LEXIS 150865 (E.D.N.Y. Oct. 17, 2012): The Plaintiff Patricia Wyler-Wittenberg … commenced this putative collective and class action against MetLife Home Loans, a Division of MetLife Bank, N.A. … and MetLife,…
Continue Reading
Previous304305306307308309310Next

Recent Articles

nherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

New York Office

© 2025 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice